TCP Europe Ltd v Perry & Ors [2012] EWHC 1940 (QB) (23 July 2012)

TCP Europe Ltd v Perry & Ors [2012] EWHC 1940 (QB) (23 July 2012)

Claims against Perry, Beckett, and Fagliarone for breach of contract and fiduciary duty succeeded in part, as their admitted conduct during employment constituted breaches. Claims against other defendants struck out for lack of evidence and pleading of knowledge of relevant obligations, failing to disclose...

Source-derived case information.

Citation
[2012] EWHC 1940
Parties
Claimant: TCP Europe Limited; Defendant: Tony Perry; Defendant: Andrew Beckett; Defendant: Robert Fagliarone; Defendant: Lisa Beckett; Defendant: Janet Perry; Defendant: Lisa Eveleigh; Defendant: Midton Acrylics Limited; Defendant: Brian Johnston; Defendant: Jamy Limited; Defendant: Nicknames Limited; Defendant: Peter Burt; Defendant: Nicholas Burt; Defendant: Keith Allen
Jurisdiction
England and Wales
Judgment Date
23 July 2012
Procedural Posture
Commercial Breach of Contract and Fiduciary Duty / Judgment After Trial
Outcome
Claims against Perry, Beckett, and Fagliarone partially succeed; claims against Lisa Beckett, Janet Perry, Lisa Eveleigh, Midton Acrylics Limited, Brian Johnston, Jamy Limited, Nicknames Limited, Peter Burt, Nicholas Burt, and Keith Allen struck out or dismissed.
Legal Topics
Breach of Contract, Breach of Fiduciary Duty, Dishonest Assistance, Inducing Breach of Contract, Conspiracy, Summary Judgment, Strike Out
Employment Law Commercial Law Equity Tort Breach of Contract Breach of Fiduciary Duty Dishonest Assistance Inducing Breach of Contract +3 more

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Parties

TCP Europe Limited

Claimant

Tony Perry

Defendant

Andrew Beckett

Defendant

Robert Fagliarone

Defendant

Lisa Beckett

Defendant

Janet Perry

Defendant

Lisa Eveleigh

Defendant

Midton Acrylics Limited

Defendant

Brian Johnston

Defendant

Jamy Limited

Defendant

Nicknames Limited

Defendant

Peter Burt

Defendant

Nicholas Burt

Defendant

Keith Allen

Defendant

Procedural Posture

Commercial Breach of Contract and Fiduciary Duty / Judgment After Trial

Legal Issues

  1. 1 Whether defendants breached contractual and fiduciary duties owed to TCP
  2. 2 Whether defendants dishonestly assisted or induced breaches of contract
  3. 3 Whether conspiracy to use unlawful means was established

Ratio Decidendi

Claims against Perry, Beckett, and Fagliarone for breach of contract and fiduciary duty succeeded in part, as their admitted conduct during employment constituted breaches. Claims against other defendants struck out for lack of evidence and pleading of knowledge of relevant obligations, failing to disclose reasonable grounds.

Court Disposition

Claims against Perry, Beckett, and Fagliarone partially succeed; claims against Lisa Beckett, Janet Perry, Lisa Eveleigh, Midton Acrylics Limited, Brian Johnston, Jamy Limited, Nicknames Limited, Peter Burt, Nicholas Burt, and Keith Allen struck out or dismissed.

Orders

  • Summary judgment for Lisa Beckett
  • Claims against Midton Acrylics Limited and Brian Johnston stayed by consent and costs awarded (£65,000)